On September 8, 2020, the EEOC released an
updated technical assistance document addressing COVID-19 and
the federal anti-discrimination laws enforced by the agency,
including the Americans with Disabilities Act ("ADA").
Our previous posts about the EEOC's prior COVID-19 guidance are
available
here and
here.
The updated guidance includes 18 new questions and answers, most
of which were adapted from a
webinar conducted by the agency in March. Several other
responses have also been updated. Most of the new questions and
updates involve three topics: (1) disability-related inquiries and
medical examinations, (2) confidentiality of medical information,
and (3) reasonable accommodations. The following are some
highlights from the guidance on each of these topics.